Mandatory Rules Research Articles

Can Fiscal Recentralization Strengthen Local Government? The Case of Thailand

ABSTRACT Thailand in 2018 became the latest developing country to impose mandatory rules on its fiscal policy that included a national limit on the accumulation of public debt and direct control of local government budgets. Such fiscal recentralization is generally assumed in the literature on multi-level finance to weaken local economic, fiscal, and policy conditions. Yet a newer emphasis in this literature asserts the potential value of central governments in steering and constraining local governments through public finance. Such central steering may strengthen rather than weaken local governments via fiscal, economic, and policy conditions. In this paper, we use the emergent theory of pro-local fiscal recentralization to examine the initial evidence, as well as the emergent opportunities, for local governments in Thailand. We find grounds for optimism that fiscal recentralization will have positive effects, and identify strategies for local governments to optimize those effects. We conclude with recommendations for research and practice on fiscal recentralization in other developing country contexts.

Do tax-based proprietary costs discourage public listing?

This study investigates whether tax-based proprietary costs associated with being a public firm (i.e., costs resulting from increased visibility to the tax authority) discourage public listing. I exploit the introduction of a mandatory disclosure requirement (FIN 48) which generated a signal to the government regarding the uncertainty of public firms’ tax positions, allowing for more carefully targeted audits. I hypothesize and find evidence of an increased propensity to go private by public, tax aggressive firms following the enactment of the disclosure rule but prior to its adoption. Cross-sectionally, the effect is stronger among firms that are more sensitive to tax-based proprietary costs. Moreover, IPOs by tax aggressive firms exhibit a relative decline after FIN 48, consistent with the disclosure requirement deterring private, tax aggressive firms from going public. Overall, my findings suggest that mandatory disclosure rules imposing tax-based proprietary costs may discourage some firms from operating as public entities.

Lex Constructionis as a Regulator of an International Construction Contract in Russia

Introduction. The gaps in the international private legal regulation of legal relations arising from an international construction contract are filled by other sources of law, primarily Lex constructionis, which is a set of acts and documents developed by non-governmental organizations that do not have the force of law, but are actively used in business circulation.FIDIC contracts can be cited as standard contracts, which are a set of narrowly focused standard forms of contracts, each of which was developed for a specific situation and certain legal relations arising from an international construction contract.Despite the international and narrowly focused nature of the FIDIC agreements, their application is also possible in the national projects of Russia with some reservations.The purpose of this article is to analyze Lex constructionis on the example of standard FIDIC con- tracts and the possibility of using FIDIC contracts in national projects in Russia.Materials and methods. The implementation of the research tasks was achieved on the basis of the study of theoretical and practical experience in the application of standard FIDIC construction contracts. The methodological basis of the study was the following methods: generalization, analysis, synthesis, induction, deduction, comparative legal analysis. The results of the study. The following tasks are solved in the work: an analysis of standard contracts and Russian legislation is carried out, their contradictions are revealed.Discussion and conclusions. The use of FIDIC model contracts without their adaptation to Russian law is not possible due to the existence of contradictions between the provisions of FIDIC model contracts and the mandatory rules of Russian law, arising from different approaches to the regulation of a construction contract - FIDIC model contracts are based on the doctrine of common law, while Russian law belongs to the Romano-Germanic legal family.

The effects of financial constraints on the market value of cash in a mandatory dividend context

AbstractThis article aims to shed light on the effects of financial constraints on the value shareholders attribute to cash holdings in firms listed on the Brazilian stock exchange, where corporate law determines that publicly listed companies set aside part of their annual profits for dividend payments. While prior empirical literature provides evidence that cash holdings are more valuable for financially constrained companies than for their unconstrained counterparts, we cannot support the hypothesis that the market value of cash increases as obtaining access to external funds becomes more difficult. Our analysis also reveals that constrained companies do not hold significantly higher cash savings than their unconstrained peers. This last result, in turn, is not in line with the precautionary motive for having cash. Moreover, although the principal argument for adopting mandatory dividend rules in Brazil was to increase the protection of minority shareholders, we observe that the contribution of cash holdings to firm value is still small in Brazil, especially in dual‐class companies, because investors expect cash holdings to be partly consumed as private benefits due to the presence of significant agency problems. This research is relevant because it serves as an additional step in understanding how a legal mechanism established by a government to protect investors affects the contribution of cash holdings to firm value. Governments that intend to adopt mandatory dividend rules to safeguard the cash‐flow rights of minority shareholders can use our findings to make better decisions regarding whether to enforce compulsory dividend payments.

The Impact of the COVID-19 Pandemic on the Protection of Personal Data

The Coronavirus (COVID-19) has caused tremendous amount of challenges all over the world in various areas, particularly the legal area. One of the prominent areas affected by COVID-19 is the protection of personal data of international travelers upon violation of national quarantine laws. This paper will discuss, through a real-life example, the extent of protection of personal data of international travelers. It will also explain the legal relations between an international traveler and the country in which the violation takes place. Moreover, the paper will compare the stances of three states in terms of protection of personal data of travelers. It will also shed some light on the issue of conflict of laws. Finally, the paper will tackle the scope of national quarantine laws, the law applicable to international travelers violating these laws, and overriding mandatory rules.

Principles of constitutional law: essence, content and system

The publication is devoted to identifying the essence and content of the category of “principle of constitutional law” and identifying its relationship with related but not identical categories: values, ideals, foundations, principles, objectives, mandatory rules, laws, etc. Genesis and development of ideas about the principles of constitutional law and their consolidation in constitutions and constitutional acts are analyzed. The systematization of the main types of relevant principles and groups is carried out: principles of constitutionalism and constitutional doctrine, principles of science and education of constitutional law, principles of the constitution, as well as principles of constitutional law-making, law enforcement and justice (jurisdictional) activities. It is argued that modern constitutions enshrine in the norms-principles the most important values of the constitutional order: the rule of law, rule of law, freedom and democracy, the inviolability of fundamental human rights, etc. But their real embodiment presupposes unification and interaction of civil society with the state. Key words: principle, principle of constitutional law, system of principles of constitutional law, principle of constitutionalism, principle of the Constitution, principles of the science of constitutional law.

Substituting Invalid Contract Terms: Theory and Preliminary Empirical Findings

The law often lays down mandatory rules, from which the parties may deviate in favor of one party but not the other. Examples include the invalidation of high-liquidated damages and the unenforceability of excessive noncompete clauses in employment contracts. In these cases, the law may substitute the invalid term with a moderate arrangement, with a punitive arrangement that strongly favors the protected party, or with a minimally tolerable arrangement (MTA), which preserves the original term as much as is tolerable. This article revisits the choice between the various substitutes. Based on theoretical analysis and five new empirical studies (N = 2,089), it argues that the incidence of MTAs should be rather limited. It demonstrates that people find moderate substitute arrangements more attractive than the alternatives. It also points to two overlooked incentive effects of the substitute arrangement (in addition to its impact on the drafting of contracts). First, the applicable substitute strongly influences customers’ inclination to challenge excessive contract terms once a dispute arises. Second, when the invalidation of an excessive term is discretionary, the applicable substitute can affect decision makers’ inclination to invalidate excessive clauses in the first place.

Konsumsi Makanan Halal Perspektif Antropologi

Food which is a dhoruri (basic) human need, is used for the continuity and existence of life. The need for adequate nutritional and vitamin content, food must also pay attention to other aspects. This becomes something crucial when related to anthropology, how human behavior, the environment, the way of family life, settlement patterns, economic and political systems, culture, religion, and so on become integrity that can shape a new human civilization. When linked to economics and politics, halal food can be a source of income and foreign exchange. When associated with culture, halal food becomes a unique and interesting aspect in various forms that are carried out in various ceremonies, rituals, and others. When it comes to religion, there are mandatory rules (obligations) to consume it. This is then integrated and becomes the behavior of the community. This research uses a qualitative method with a literature study digging from various sources of books, journals, newspapers, and others that are relevant, then processed and analyzed to make conclusions. The results of the study state that the struggle for aspects of social culture, and religion accompanied by the development of science and technology has changed human behavior to become a new entrepreneur in the field of halal culinary and has created a consumptive culture in society.

A Two-Lane Cellular Automaton Model to Evaluate the Bus Lane with Intermittent Priority

Bus lanes with intermittent priority (BLIPs) are lanes where general traffic is required to give way to approaching buses. BLIPs can improve the reliability of bus services and help maximize the use of road resources. It can be seen as an innovative sharing mobility, such as carsharing, carpooling, and lane sharing. However, implementation of BLIPs has never been feasible until vehicle communications could accommodate the idea. Vehicle-to-vehicle (V2V) communications have broad application prospects in the deployment of BLIPs. This paper develops a two-lane cellular automaton (CA) model to simulate BLIPs and assesses the benefits of connected vehicles for bus operation. In the model, lane-changings are asymmetric with an improved mandatory BLIP lane-changing rule underlying. The effects of BLIPs are explored through numerical simulations, including BLIPs’ impacts on neighboring lanes, travel time saving, fuel consumption, and the punctuality rate of buses. Analysis of traffic flow characteristics of corridors using BLIPs reveals that there is a strong connection among the bus departure interval, clear distance, and road capacity.

SUSTAINABLE MARKETING IN THE READY-MADE GARMENTS (RMG) SECTOR OF BANGLADESH

Innovative managerial and social changes, such as sustainable marketing practices considerably improve organizational performance. Although the RMG sector of Bangladesh is widely known to global consumers through the ‘Made in Bangladesh’ tagline, effective implementation of sustainable marketing in the country has been proven as a difficult task. This research examines the current state and implications of sustainable marketing in the RMG sector of Bangladesh. Primary data were collected from 20 RMG factories located in Dhaka and Gazipur that were selected using convenience sampling techniques and 120 officials were selected using convenience and snowball sampling techniques. Data were analyzed using the content analysis technique where the theoretical framework was informed by the theory of planned behavior. The research shows that knowledge about sustainable marketing of most factories is limited and often they are not interested in practicing it. It also evidences that RMG manufacturers have been late in emphasizing and adopting sustainable marketing practices. They have not yet started showing concerns in this respect. Lack of supporting information systems often impedes the implementation of sustainable marketing practices. Legal requirements and the mandatory rule for sharing information regarding sustainable marketing work as the main motivations to adopt sustainable marketing practices.

Организационные особенности многодневного голосования на выборах в России

Introduction. Elections are the most important indicator of the socio-political development of the state, the criterion of the country’s democratic regime and its strategic course. Elections are one of the most mass processes, which is not limited to voting, it is a wide set of social relations that begins long before the appointment of elections and does not end with the fact that citizens vote. The introduction of multi-day voting introduced a large number of organizational features, the implementation of which affects the assessment of the election campaign as a whole. Theoretical analysis. The organizational features of multi-day voting include: the implementation of various forms of voting and the possibility of alternating them on one election day, ensuring the safety of ballots, video surveillance and video recording, features of counting votes, etc. All these electoral actions and procedures require the implementation of mandatory rules and are subject to the mechanism for implementing the fundamental principles of objective electoral law, which are based on the principles of objectivity, fairness and openness. Empirical analysis. The content of the organizational mechanism for conducting voting over several days is associated with the implementation of the rules for the use of stationary and portable boxes, ballot processing complexes, drawing up a list of voters, a register for voting outside the polling station, the implementation of an additional form of voting, moving ballots into safe packages, sequence of counting the votes of voters and determining the results of voting. The question arises: Can inaccuracies in the implementation of these features affect the voting results in a particular precinct? Results. The analysis of the content of the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” indicates the legal consolidation of the grounds for recognizing both voting and elections as invalid. Among such grounds, there are cases when violations committed during the conduct of voting or the establishment of voting results do not allow to reliably determine the results of the expression of the will of voters. However, the law does not specify which violations can be recognized as such. Practice shows that violations of one degree or another occur during the conduct of any elections and in any countries. Absolutely “pure” elections do not exist, since elections are a political struggle. Consolidation of actions, that affect or do not affect the expression of the will of voters, at the level of law will help reduce the number of provocative complaints that have little reason and contribute to the destabilization of the situation while organizing and conducting elections.

Glycyrrhizinic acid in licorice products on the Danish market

Glycyrrhizinic acid (GA) is a natural compound found in licorice root and its extract, and is used in a large number of food products. It has been documented that excess consumption of licorice can cause adverse health effects, due to their content of GA. Mandatory labelling rules are therefore in place in the EU to inform consumers of the possible adverse health effects. In this study, 219 samples of confectionery, ice cream, and tea with licorice were sampled in Denmark and analyzed for their GA content. The content of GA was measured with an UPLC-UV method. The results showed that 10% of the samples were inadequately labelled. The samples in each category reaching the highest GA content were confectionery made of pure licorice extract at 23,154 mg/kg, ice cream at 1690 mg/kg, and brewed tea at 1203 mg/L. An intake of 4.3 g of confectionery, 59 g of ice cream, or 83 ml of tea, would surpass the provisionary limit of 100 mg GA/day for regular ingestion. In addition to this health risk scenario from high content products, a larger consumption of licorice products with a lower GA content could also pose a health risk. We suggest campaigns to increase public awareness of the potential adverse health effects of excessive licorice consumption. In addition, it was investigated if 18β-glycyrrhetinic acid (GE) was liberated during the processing steps of licorice production. GE is the pharmacologically active aglucone of GA. 18β-Glycyrrhetinic acid was not identified in any product.

Towards smart surveillance as an aftereffect of COVID-19 outbreak for recognition of face masked individuals using YOLOv3 algorithm.

The eruption of COVID-19 pandemic has led to the blossoming usage of face masks among individuals in the communal settings. To prevent the transmission of the virus, a mandatory mask-wearing rule in public areas has been enforced. Owing to the use of face masks in communities at different workplaces, an effective surveillance seems essential because several security analyses indicate that face masks may be used as a tool to hide the identity. Therefore, this work proposes a framework for the development of a smart surveillance system as an aftereffect of COVID-19 for recognition of individuals behind the face mask. For this purpose, transfer learning approach has been employed to train the custom dataset by YOLOv3 algorithm in the Darknet neural network framework. Moreover, to demonstrate the competence of YOLOv3 algorithm, a comparative analysis with YOLOv3-tiny has been presented. The simulated results verify the robustness of YOLOv3 algorithm in the recognition of individuals behind the face mask. Also, YOLOv3 algorithm achieves a mAP of 98.73% on custom dataset, outperforming YOLOv3-tiny by approximately 62%. Moreover, YOLOv3 algorithm provides adequate speed and accuracy on small faces.

Review Paper on E-Traffic Police IoT Based Auto-Detection of Traffic Rule Violation

It is known fact that accidents are the major problem that is occurring now a days. Wearing helmets is one of the mandatory rule made by the government. Even after implementing these rules some of the bike riders are avoiding it. Because of this reason, we are seeing the increase of accidents. Also, due to slow reach of treatment accidents occurring at small areas are becoming fatal. current project looks to solve these problems. In this project a message will be sent to the rider that to wear the helmet, triple riding, signal jump, overspeed and also sends a message if driver isn’t in active mode. These accidents leads to significant amount of death and disability. In India, Avoiding traffic rules like triple riding, signal jump, overspeed are causing major accidents. All the systems focus on changes occur in movement of vechicles, and sends a message if the rider avoids any of the mentioned traffic rules, which have been already explained in the literature survey.

Organization of Anti-Epidemiological Measures by Workers of Zemstvo Medicine in Russia at the end of the XIX – at the beginning of the XX century

Introduction. The bodies of zemstvo self-government, created in 1864 and gradually spreading throughout the territory of the Russian Empire, performed important social functions: the development of education, medicine, assistance in difficult circumstances (crop failure, fires), etc., and this activity was directed primarily on the peasant population. The prevention of epidemics and the provision of medical assistance in the event of their beginning were the most important areas of work of zemstvos. In the provinces, a district network of medical and paramedic points was created which constantly monitored the epidemiological situation in the villages, in a number of provinces special sanitary points were opened. The implementation of anti-epidemiological measures was carried out at the expense of the provincial zemstvo on the proposal of the governor. Special infectious barracks were opened to reduce the number of patients and for seriously ill patients during the epidemic. Employees of zemstvo hospitals carried out work in different directions: conducting explanatory conversations with the population about the observance of sanitary standards, the need for vaccinations for children, vaccinations (mainly for children), examination and prescribing treatment for patients, maintaining medical statistics. Such work yielded results: the number of epidemics and cases decreased, but it was impossible to prevent epidemiological diseases completely until 1917. Methods. The solution of the set research tasks was provided by a complex of interrelated theoretical (analysis of scientific literature, comparative analysis, comparison, generalization, systematization), empirical (study and generalization of sources) and hermeneutic methods. Results. Zemstvo medical activity from 1864 to the end of the 1870s only determined the directions of work, was inconsistent and in the field of combating epidemics was fragmented. In fact, the work was not limited to preventing epidemics but to eliminating those that had already broken out. The state did not provide special assistance to the zemstvos in this direction. Only in 1879, due to the strongest epidemic of diphtheria at the government level, “Mandatory rules on measures to prevent the development of infectious diseases” were introduced. In accordance with which, mandatory sanitary and police measures against the spread of these diseases began to be determined. Conclusion. The selfless work of zemstvo medical workers, the introduction of a system of measures to prevent diseases led to a reduction in both the number of epidemics and the number of cases, but it was impossible to eliminate the epidemics completely until 1917.

Real estate management activities owned by the State Treasury and an obligation to report MDR tax schemes

The prevailing view in the judicature and doctrine is that reporting of tax schemes (the so-called MDR - Mandatory Disclosure Rules) belongs to anti-abusive regulations. This institution, binding in Polish legislation since 1 January 2019, is a partial transposition of the EU Directive. However, its subjective and objective scope, as adopted by the national legislator, is much broader. It also applies to the management of real estate of the State Treasury, which gives rise to controversy as to whether this was the legislator's objective. The hypotheses formulated in the article assume, firstly, that the specifics of non-executive activities of statio fisci and staroste (mayors of cities with county rights) have not been taken into account in the new regulations and tax explanations, which poses certain practical problems. For instance, what is a tax scheme (reportable arrangement) in a private enterprise does not have to be a tax scheme in a statio fisci managing State Treasury property within dominium. Secondly, de lege lata regulations on reporting tax schemes, in relation to the State Treasury real estate, should be applied with great caution. Thirdly, de lege ferenda the legislator should specify the governing regulation. The research material used in the presented argumentation includes substantive law, doctrine and practice, which, however, is still to be shaped in the future.

Smjernice u postlisabonskom europskom međunarodnom privatnom pravu

Smjernice u postlisabonskom europskom međunarodnom privatnom pravu

Knowledge management process, infrastructure, and system quality as resilient strategies to respond to COVID‐19 pandemic challenges: Evidence from higher educational institutions in India

The COVID‐19 global pandemic has adversely affected educational institutions worldwide, resulting in frequent mandatory lockdowns and social distancing rules. After waiting for a brief period, most organizations, including educational institutions, moved their operations from traditional in‐class to virtual, web‐based teaching‐learning. As a result of unprecedented change, faculty, students, and administrators faced several challenges. However, how the educational institutions were coping with this challenging situation remained an important question. To address this, we present Knowledge Management Process (KMP), Knowledge Management System Infrastructure (KMSINF), and Knowledge Management System Quality (KMSQU) as resilient strategies to convert the challenges into opportunities. Using the KM processes and practices, a complex model is constructed to positively influence employee commitment, performance, and job satisfaction. A survey instrument was used to collect data from 747 faculty members from 14 higher educational institutions in the southern part of India. After testing the measurement properties using the Lisrel package of structural equation modeling, the complex model was tested using Hayes PROCESS macros. The results indicate (i) KMP is positively related to performance and employee commitment, (ii) employee commitment mediates the relationship between KMP and performance, (iii) KMSINF moderates the relationship between KMP and employee commitment, (iv) KMSQU moderates the moderated relationship between KMP and KMSINF in influencing the employee commitment, and (v) performance is positively related to job satisfaction. The results suggest that KM processes, system infrastructure, and system quality are effective, resilient strategies to bring educational institutions to normal functioning during the present global pandemic. The implications for KM, employee commitment, and job satisfaction are discussed.

Denotate of the Scientific and Psychological Term "Game"

The essential psychological properties of any activity lie in its motivation in particular in those purposes that lead the subject to it as a means of achieving them. Various positively colored emotional experiences awaken in the subject in the process of playing (games), such as the joy of excitement, elation, and so on create a basis of its motivation. Acquisition and use of material goods and / or social benefits have never been the motives of a game as such; it does not belong to the future or the past, but only to the present moment - to its own course here and now. However, such a motivational basis is inherent not only to a game, but also to some other activities. The so-called game tools, used by other activities, are clearly divided into two types: 1) educational and developmental (training, business, role, etc.); 2) psychotherapeutic. The subject seeking to use these tools effectively should be dominated by motivation matching their purpose. Thus, the former "belong to the future" in the sense that their basis is purpose, not some game result, but developmental, correctional and therapeutic result etc.; and the latter belong to the past, as they are to help their participants to get rid of the past pathologies effects. Therefore, according to the criterion of motivation, these "game" tools are not actually games. Differntia specific of playing/game is the creation of purely imaginary playing situations. It is this property that is the predicate-discursive basis of the term "game" denotation. The rest of its meanings are connotations and other similarities and associations, in particular superficial ones that create definitive relativism in the semantic field of playing/game theory. Among the necessary conditions and essential components of games/fictional playing situations, "fakes", pretense, etc., there are rules that ensure the functioning of a game; deviations and rule-breaking spoil and devalue the game. The subject accepts the restrictions on his freedom by the rules of the game willingly and follows them gladly, because restrictions of the game are conditions created to achieve "courage", and the subject tests their mental and physical abilities (intelligence, agility) etc. and proves them to themselves and others. This means that in the process of the game the vital forces, energies, resources of the subject "play", and they are the source of admiration, comfort, and pride, especially if the game impresses important to them individuals and groups of people with skills, beauty, and delight. Thus, the game (playing) is the creation of purely imaginary playing situations with mandatory rules of conduct, where players can test and demonstrate their mental and / or physical abilities, inclinations, strengths, and which provides enthusiasm, inspiration, strength, joy, pleasure, etc. (it allow to " play " their vital forces), and therefore participants willingly play those games that bring them such experiences.

Country Note: A Critical Approach on the Greek Implementation of the DAC6

The article provides a critical description of the main points of the Mandatory Disclosure Rules (MDR) in Greece following the implementation of the DAC6, specifically, what must be reported, who is responsible for it, the applicable penalties, and the deadlines for reporting. In parallel, certain issues of legal uncertainty arising from the ambiguous terms and concepts contained in the rules mentioned previously that need to be clarified are further analysed. In addition, the compatibility of the indicated Greek provisions mirroring, to a great extent, the content of the Directive with the fundamental freedoms and rights is examined. Greece, DAC6, Reportable Cross-Border Arrangements, Intermediaries, Penalties